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HELPFUL AGAIN!: Another Court Limits Reach of TCPA’s Solicitation Definition as “Common Sense” Is Suddenly Stylish in TCPAWorld

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Good things come in twos, at least this week in TCPAWorld.

Just yesterday I reported on a case of a court limiting the TCPA’s DNC rules in the context of messages sent in connection with a contractual inspection provision:

Well today we have another example of a court limiting the TCPA DNC solicitation definition–this time in the context of recruitment messages.

In Anderson v. Nexa Motgage, 2024 WL 3762098 (C.D. Cal. Aug. 12, 2024)
a court faced a case involving text messages to a mortgage broker encouraging the broker to join the Nexa brand and keep more commissions.

The messages were sent by a recruiting manger and lauded the benefits of working with Nexa.

Relying on the general rule that offers of employment are not solicitations under the TCPA the court concluded the messages were informational:

Read the complete article here...© 2024 Troutman Amin, LLP

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